Dec82025
Family Law Q&A Series

What are the typical timelines and steps for an uncontested versus contested divorce? – North Carolina

Short Answer

Under North Carolina law, both uncontested and contested absolute divorces require at least a one-year separation and six months of residency before filing. An uncontested divorce, where the only claim is the divorce itself and the other spouse does not dispute it, can often be completed in a few months after filing, sometimes by a brief court appearance or even by a clerk. A contested divorce, where spouses dispute property, support, or custody, follows the same basic filing rules but usually takes much longer because of hearings, discovery, and possible trial.

Understanding the Problem

The question asks how long an uncontested versus a contested divorce typically takes in North Carolina and what basic steps each path involves. The focus is on absolute divorce in North Carolina district court, not legal separation or divorce from bed and board. The core timing issue is when a spouse can file, how the case moves through the court system, and why some divorces resolve quickly while others take a year or more after filing. The key distinction is whether the spouses agree on all major issues or whether they have ongoing disputes that must be decided in court.

Apply the Law

Under North Carolina law, most absolute divorces are based on a one-year separation and a six-month residency requirement. The district court division of the General Court of Justice handles divorce and related family law claims. Once the separation and residency requirements are met, the plaintiff files a verified complaint, has it served, and the court (or sometimes the clerk) enters judgment after the material facts are established. Whether a divorce is “uncontested” or “contested” affects how many additional issues, motions, and hearings occur around that basic framework.

Key Requirements

  • Separation for at least one year: Spouses must live in separate residences for a continuous year with the intent that the separation be permanent before filing for a standard absolute divorce.
  • Six-month North Carolina residency: At least one spouse must have lived in North Carolina for the six months immediately before the complaint is filed for the court to have jurisdiction.
  • Verified complaint and proof of grounds: The filing spouse must submit a sworn (verified) complaint, have it properly served, and the court must find the required facts before entering judgment.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts only state that a client wants to start a divorce in North Carolina, with no details about children or property. In that situation, the first question is whether the one-year separation and six-month residency requirements are already met; if not, filing must wait until they are. If both spouses are willing to treat the case as uncontested and limit the court filing to the divorce itself, the timeline after filing can often be a few months or less, depending on the county docket. If there are disputes over property division, support, or parenting, those claims turn the matter into a contested case and can extend the overall process for many additional months beyond the basic divorce timeline.

Process & Timing

  1. Who files: Either spouse (the plaintiff). Where: In the district court division of the General Court of Justice in a county where either spouse resides. What: A verified complaint for absolute divorce, civil summons, and any related claims (such as equitable distribution or alimony) using the forms and instructions provided by the North Carolina Judicial Branch. When: After at least one full year of living separate and apart and six months of North Carolina residency.
  2. Service and response: The plaintiff arranges proper service of the summons and complaint under Rule 4 of the Rules of Civil Procedure, often by sheriff or certified mail. The defendant typically has 30 days after service to answer, with a possible extension. In an uncontested case, the defendant may admit the allegations, default by not answering, or file a waiver of the right to answer; a contested case usually involves an answer and possibly counterclaims.
  3. Hearing and judgment: In a straightforward uncontested case with only an absolute divorce claim, the court or, in default/consent situations, the clerk may enter judgment based on affidavits, a brief hearing, or a motion for summary judgment. This can occur relatively soon after the answer period closes, depending on the court’s calendar. In a contested case with property, support, or custody at issue, the court schedules status conferences, mediation (often required for custody and equitable distribution), discovery deadlines, and one or more hearings or trials. The absolute divorce itself may still be granted once the statutory requirements are proven, but resolving all contested issues frequently takes many additional months and can extend beyond a year after filing.

Exceptions & Pitfalls

  • North Carolina recognizes a separate ground for absolute divorce based on incurable insanity, which has different proof and timing rules and a three-year separation period; that path is rare and more complex.
  • Living under the same roof, even in separate rooms, does not satisfy the “separate and apart” requirement; moving back in together can restart the one-year clock if marital relations resume.
  • Failing to assert claims for equitable distribution or alimony before the divorce judgment is entered can waive those rights, so planning the timing and scope of filings matters, especially in a contested case.
  • Service problems and incomplete or unverified pleadings can delay the case or require refiling; strict compliance with the Rules of Civil Procedure and statutory complaint requirements is important.

Conclusion

In North Carolina, both uncontested and contested absolute divorces share the same starting requirements: at least one year of living separate and apart and six months of residency before filing, followed by a verified complaint, proper service, and proof of the necessary facts. An uncontested divorce that raises only the absolute divorce claim can often be completed in a relatively short time after filing, sometimes with minimal court appearance. A contested divorce that includes disagreements over property, support, or custody usually takes much longer because of additional pleadings, discovery, and hearings in district court.

Talk to a Family Law Attorney

If a divorce is on the horizon and there are questions about whether it will be uncontested or contested, our firm has experienced family law attorneys who can explain the North Carolina timelines and steps in detail. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.